I gathered from that ART interview with Rogue, that Hyperion wasn't planning on doing much if anything in the way of of updating 3.x. They're looking at 4 and the future... I don't see that making a goodwill gesture to the Amiga community would hurt their plans. That's assuming the court settlement would even allow them to open source 3.x.
BTW, last time I tried to DL AROS on the local library's LAN, I was getting speeds about like dialup. ;-) No way, I'm going to download a DVD ISO that way. ;-)